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Porterville Anti-Patriot Act Resolution
Carolyn Waller and Merrily Daves: the main forces in pushing the resolution through. The following is an email circulated by Bill Warner. Porterville Resolution PassesOn September 2, 2003, the Porterville City Council unanimously passed a resolution reaffirming Porterville's commitment to the Constitution and to our fundamental rights. It is basically the same as the original resolution (attached) but was amended by one of the Council Members who had some objection to including "illegal aliens" among those protected. I have not been able to get a copy of the amended resolution as yet (9-12-03). Merrily Davies and Carolyn Waller got together the resolution and got it on the Council agenda. There were some audience comments and pleas for passage at the meeting prior to September 2, but one council member was absent, and at the request of the lone dissenter of the four present , the Council agreed to put it off a week until the missing member could be in attendance. In the meantime, we put out a request for concerned citizens in the area to contact the council members individually by letter, e mail, telephone,or personal contact. According to the mayor pro-tem, who called me about a couple of points before the meeting ( I had written each of them a letter with reasons why we needed to pass it) he received many e-mails and phone calls on the resolution. I had about a half-hour talk with the member who had missed the previous meeting, and found him in the process of weighing the pros and cons. He later proposed a couple of changes in the resolution, such as having the entire Council sign it, and inserting language concerning not extending rights to "illegal aliens." We made a number of presentations to the Council at the Sept. 2 meeting during oral presentations, starting with Merrily's quote from the Executive Vice President of the National Rifle Assn. which supported resistance to the Patriot Act. She stressed that it was a non-partisan issue. A number of passionate and well-reasoned arguments including personal experiences as well as legal clarification ( a lawyer in the audience pointed out that citizens of other countries here already had a number of rights, and that it was inappropriate to include wording to make the resolution just apply to "legal" residents. The Council agreed affirm human rights without singling out "illegal aliens." The resolution was made deliberately vague which could allow all of the councilmen to support it. Porterville is not known for its liberal politics. An ex-mayor of Porterville spoke against the weak resolution, calling it an "ultra-liberal" measure. This was particularly humorous, coming after Merrily's presentation with quotes from the NRA and the American Conservative Union! The resolution did not include specific requests to city employees such as the police chief to refuse to cooperate with the FBI in turning over immigrants, etc. This type of language in the original Visalia resolution was one of the reasons they could not get theirs passed, I think. At the Council meeting in Visalia the same night, they drew a 2-2 stalemate on a watered-down version, the deciding vote, reportedly pro-resolution , did not materialize as this member was absent. One of the anti-resolution members said that it was now a "dead issue." Daniel Lee and the Visalia contingent intend to keep the issue alive. Maybe the message in all this is 1) keep the proposed resolutions positive, affirming the rights that are under attack 2)lobby the Council members as much as you can, keeping the tone of the argument persuasive and not negative 3) keep the notion that this is not a partisan issue, The idea is to present it positively, with the result that voting it down would almost seem un-American! Heartiest congratulations to out courageous and indefatigable ladies, Merrily and Carolyn and all of those who lobbied and addressed the Council. Also big vote of thanks to Daniel Lee who has been working so hard with the Visalia project. Maybe with the Porterville resolution passed, it will be easier for others in the Valley. Bill Warner Here
is the proposed resolution followed A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE, CALIFORNIA, TO UPHOLD THE HUMAN RIGHTS AND CIVIL LIBERTIES OF THE PEOPLE OF PORTERVILLE WHEREAS, the City of Porterville fully supports the Constitution of the United States and its amendments, particularly the Bill of Rights and the Fourteenth Amendment, and; WHEREAS, the fundamental human rights and civil liberties guaranteed in the Constitution of the United States and the Constitution of the State of California are essential to the well-being of the citizens and community of POrterville, and; WHEREAS, several laws and orders enacted at the state and Federal level, including several provisions of the USA PATRIOT ACT, threaten these fundamental rights and liberties. NOW THEREFORE, THE PORTERVILLE CITY COUNCIL DOES HEREBY RESOLVE: Section 1.
The City of Porterville is committed to upholding the Section 2. The City Council of the City of Porterville calls upon all City officials and employees to respect the human rights and civil liberties of all members of this community, including those who are citizens of other nations. Section 3. The City Council of the City of Porterville calls upon all private citizens, including residents, employers, educators and business owners, to demonstrate similar respect for human rights and civil liberties. Section 4. The City Council of the City of Porterville urges the State Legislature, the Governor of the State of California, and the United States Congress, particularly the delegation representing Porterville, to actively work for the revocation of any law or executive order that limits or violates fundamental rights and liberties embodied in the constitutions of the United States of America and the State of California. Section 5. The Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. Final VersionRESOLUTION No. 112-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE,CALIFORNIA TO UPHOLD THE HUMAN RIGHTS AND CIVIL LIBERTIES OF THE PEOPLE OF PORTERVILLE. WHEREAS, the City of Porterville fully supports the Constitution of the United States and its amendments, particularly the Bill of Rights and the 14th Amendment and the Constitution of the State of California; and WHEREAS, the fundamental human rights and civil liberties guaranteed in the Constitution of the United States of America and the Constitution of the State of California are essential to the well-being of the citizens and community of Porterville; and WHEREAS, several provisions of the USA PATRIOT ACT enacted at the State and Federal level may threaten the fundamental rights and liberties set forth in the Constitution of the United States and the Constitution of the State of California NOW,THEREFORE BE IT RESOLVED by the Governing Body of the City ("the City Council") as follows: Section 1. We, the City Council of the City of Porterville have sworn to uphold and support the Constitution of the United States as well as the Constitution of the State of California. We know that the United States of America as well as the State of California is governed by the "rule of law." The City of Porterville is committed to upholding the law of the land as well as the human rights of all persons in Porterville, including, but not limited to, United States citizens and citizens of other nations who have entered into the United States in accordance with state and federal laws and regulations, and the free exercise and enjoyment of any and all rights and privileges secured by the constitutions of the United States of America and the State of California. Section 2. The City Council of the City of Porterville calls upon all City officials and employees to continue to respect the human rights and civil liberties of all members of this community, including, but not limited to, those who are citizens of other nations who have entered into the United States in accordance with State and Federal laws and regulations, Such respect shall not be construed to encourage or condone violation of any State or Federal law. Section 3. The City Council of the City of Porterville also calls upon all private citizens, including residents, employers, educators and business owners, to demonstrate similar respect for human rights and civil liberties. Such respect shall not be construed to encourage or condone violation of any State of Federal law. Section 4. The City Council of the City of Porterville urges the State Legislature, the Governor of the State of California, and the United States Congress, particularly the delegation representing Porterville to actively work for the revocation of any law or executive order that limits or violates fundamental rights and liberties embodied in the constitutions of the United States of America and the State of California. Section 5. The mayor and Council shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof.
Richard M. Stadtherr, Mayor Pedro R. Martinez, Mayor Pro-Tem Cameron J. Hamilton, Council Member Ronald L. Irish, Council Member Kelly E.E West, Council Member ATTEST: John Longley, City Clerk Georgia Hawley, Deputy City Clerk
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